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1. Defendant (Appointed Party) and the rest of the appointed parties are jointly and severally constituted against Plaintiff A, KRW 35,214,350, and KRW 50,000,000.
Reasons
Facts of recognition
Defendant (Appointed Party) D (hereinafter “Appointed”) is a person who has completed business registration regarding the building business, etc. under the trade name “E,” and the Defendant (Appointed Party; hereinafter “Defendant”) is a person who actually operates the above business.
(1) On April 25, 2016, Plaintiff A entered into a contract with Plaintiff A, etc. (hereinafter “Defendant, etc.”) with Defendant, etc. to build a new house on the ground of the F-based Ground Construction Work on Jeju, etc. (hereinafter “instant First Construction Work”).
(1) The construction period shall be three months from April 25, 2016, and the construction cost shall be KRW 1550,000,000 (excluding value-added tax) in total (hereinafter “instant first contract”).
(2) The Plaintiff A transferred a total of KRW 64.7 million over six times as the construction price of the instant first contract to the selected account between April 25, 2016 and August 5, 2016.
Plaintiff
(1) On February 25, 2016, Plaintiff B entered into a contract under B, etc., and Plaintiff B entered into a new house construction project on G’s ground (hereinafter “instant second project”) with Defendant, etc.
(2) The construction work hours are set up between February 25, 2016 and May 25, 2016, and the construction work cost is KRW 130 million (excluding value-added tax) and the contract for construction work (hereinafter “instant second contract”).
(2) The Plaintiff B transferred a total of KRW 18.5 million over seven occasions as the construction price of the instant secondary contract between March 18, 2016 and June 16, 2016.
(1) The Defendant et al. failed to complete the instant construction works within the construction period stipulated in the instant contract Nos. 1 and 2. (2) Accordingly, the Defendant et al. agreed to complete the instant construction works by November 30, 2016 to Plaintiff A by November 30, 2016. However, if the instant construction works are not completed by September 30, 2016, the Defendant et al. written a written statement to waive all of the instant construction works.